Unpaid cheque in Tunisia: your options under the new law

Since Law No. 2024-41 of 2 August 2024, which amended the provisions of the Tunisian Commercial Code on cheques, came into force, the beneficiary of an unpaid cheque no longer follows the same path as before. Electronic platform, certificate of non-payment issued by the bank, prior complaint, criminal conciliation, enforceable title: this guide explains, in practical terms, what you can do as a creditor and when the involvement of a judicial officer (huissier de justice) becomes useful.

What has changed for the beneficiary

Published in the Official Journal of the Tunisian Republic (JORT No. 94 of 2 August 2024), the law has applied in full since 2 February 2025, after a six-month transitional period. The main changes are:

new cheques must be crossed, made out to a named payee, capped at 30,000 dinars, and carry a validity date set by the bank;
a single electronic platform, supervised by the Central Bank of Tunisia, lets you check in real time whether a cheque is funded and request that its amount be reserved for you;
issuing an unfunded cheque of 5,000 dinars or less is no longer a criminal offence;
above that amount, criminal proceedings can only be brought on a complaint from the beneficiary.

Before accepting a cheque: reservation on the platform

Prevention remains the best protection. Before accepting a cheque, the beneficiary can consult the electronic platform to check the funds and ask the drawee bank to reserve the cheque amount in their favour. According to the text published in the JORT, once the reservation notice is received, the drawee bank becomes jointly liable with the drawer for payment, whatever the amount. The reservation remains valid for the remaining validity of the cheque plus eight working days.

In practice, for a sale, a rent payment or a significant service, it is prudent to request this reservation before handing over goods or performing the service.

The cheque is rejected: the certificate of non-payment

When funds are insufficient, the drawee bank notifies the drawer the same day, through the platform or by any written means. The drawer then has seven working days to provide the funds. Failing that, the bank must issue a certificate of non-payment that reproduces the cheque verbatim. It gives one copy to the beneficiary together with the original cheque and keeps another at the disposal of the public prosecutor.

Under the new system, the holder no longer has to have a protest drawn up when the bank refuses to issue the certificate: that obligation now lies with the bank. Keep the original cheque and the certificate safe: they are the key documents for any later action.

Cheques of 5,000 dinars or less: the civil route

For these cheques there is no longer an offence, but the debt remains. The text also provides, for these amounts, a payment mechanism by the drawee bank once seven working days have passed since presentation: first ask your bank whether this mechanism applies to your cheque.

If the sum remains unpaid, recovery follows the ordinary civil and commercial routes:

A formal demand for payment served by a judicial officer on the drawer, which fixes the date of the demand and often opens the way to an amicable settlement (see our guide on the formal demand for payment).
The payment order procedure before the competent judge, based on the cheque and the certificate of non-payment, or a full action if the debt is disputed.
Enforcement once the enforceable title has been obtained and served: attachment of bank accounts, seizure of movable property, depending on the debtor's situation (see bank account attachment).

Cheques above 5,000 dinars: complaint and conciliation

Above 5,000 dinars the offence remains: the text published in the JORT provides for two years' imprisonment and a fine equal to 20% of the cheque amount. However, the public prosecutor no longer acts on its own initiative: a complaint from the beneficiary is required.

Before bringing a public action, the public prosecutor offers the beneficiary and the drawer a conciliation within one month. The agreement may set out a payment schedule within the maximum period fixed by law. The conciliation title endorsed by the prosecutor and filed with the court registry is enforceable and can only be challenged for forgery. The beneficiary can obtain an enforceable copy from the registry.

If the drawer does not honour the agreement, the public prosecutor brings proceedings at the request of the parties concerned. The law also penalises a debtor who conceals assets or transfers them fictitiously to avoid enforcement.

The judicial officer's role under the new system

The judicial officer acts at several stages, always within the framework set by law:

service of documents: formal demand for payment, payment order, judgment, and notice to the beneficiary that a regularisation agreement has been filed with the court registry, as provided by the transitional provisions;
enforcement of the enforceable title, including the enforceable copy of the conciliation title: order to pay, seizures, enforcement reports;
procedural guidance: choosing between the amicable route, a payment order and enforcement, based on the documents you hold.

For an overview of our work, see the debt recovery and enforcement of judgments pages.

Checklist: documents to gather

The original cheque (never hand it over without keeping a legible copy).
The certificate of non-payment issued by the bank, or the rejection notice.
The platform reservation notice, if you requested one.
Your identity document or the National Business Register extract (for a company).
The drawer's known address and any document showing the origin of the debt (invoice, contract, delivery note).
Where applicable, the conciliation title or the court decision obtained.

Frequently asked questions

Can the drawer still regularise after the certificate of non-payment? Yes. According to the sources consulted, regularisation remains possible as long as the beneficiary has not started proceedings, and even during the trial or after judgment; it ends the proceedings or the enforcement of the sentence. Payment can be made to the beneficiary or deposited.

My 3,000-dinar cheque was rejected: can I file a complaint? No. Issuing an unfunded cheque of 5,000 dinars or less is no longer an offence. Your claim remains and is recovered through civil routes: formal demand, payment order, then enforcement.

Is the conciliation title signed before the prosecutor enough to seize assets? Yes. Once endorsed by the prosecutor and filed with the court registry, it is enforceable. You obtain an enforceable copy from the registry, then the judicial officer serves it on the debtor and carries out the enforcement measures.

The office at your service

The office of Maître Nabil Baffoun, judicial officer (huissier de justice) in Tunis since 1998, 32 avenue de la Liberté, Lafayette, acts throughout Greater Tunis: Tunis city centre, Ariana, Ben Arous and Manouba. To have your unpaid cheque file reviewed, request a consultation or call 99 442 883. Fees follow the official scale. We act diligently, with no commitment as to the outcome of the procedure.